SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home

Introduced Version House Bill 4683 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted
hb4683 intr
H. B. 4683


(By Delegates Overington, Andes, Lane,
Blair, J. Miller, Sobonya, Barker,
Martin, Stalnaker, Shaver and Border)
[Introduced February 18, 2008; referred to the
Committee on the Judiciary.]


A BILL to repeal §61-7-6a of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-7-4, §61-7-5 and §61-7-6 of said code, all relating to carrying concealed pistols or revolvers; extending recognition to all licenses issued by other states to nonresidents of this state; limitations; requiring the Attorney General to periodically notify the Governor, Attorney General and licensing authority of each state of such recognition; requiring the Attorney General to negotiate and execute reciprocity agreements to secure recognition of West Virginia licenses when required by other states as a condition of recognizing West Virginia licenses; and creating uniform rule concerning the requirement to carry and exhibit license when carrying a concealed pistol or revolver for both West Virginia licensees and licensees of other states whose licenses are recognized in this state.

Be it enacted by the Legislature of West Virginia:
That §61-7-6a of the Code of West Virginia, 1931, as amended, be repealed; and that §61-7-4, §61-7-5 and §61-7-6 of said code be amended and reenacted, all to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-4. License to carry concealed pistols and revolvers.
(a) Except as provided in subsection (h) of this section, Any person desiring to obtain a state license to carry a concealed deadly weapon pistols and revolvers shall apply to the sheriff of his or her county for such license, and shall pay to the sheriff, at the time of application, a fee of seventy-five ninety dollars. of which fifteen dollars of that amount shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code. Concealed weapons permits may only be issued for pistols or revolvers Each applicant shall file with the sheriff, a complete application, as prepared by the superintendent of the West Virginia State Police, in writing, duly verified, which sets forth only the following licensing requirements:
(1) The applicant's full name, date of birth, social security number and a description of the applicant's physical features;
(2) That, on the date the application is made, the applicant is a bona fide resident of this state and of the county in which the application is made and has a valid driver's license or other state-issued photo identification showing such residence;
(3) That the applicant is twenty-one years of age or older: Provided, That any individual who is less than twenty-one years of age and possesses a properly issued concealed weapons license as of the effective date of this article shall be licensed to maintain his or her concealed weapons license notwithstanding the provisions of this section requiring new applicants to be at least twenty-one years of age: Provided, however, That upon a showing of any applicant who is eighteen years of age or older that he or she is required to carry a concealed weapon pistol or revolver as a condition for employment, and presents satisfactory proof to the sheriff thereof is presented to the sheriff, then he or she the applicant shall be issued a license upon meeting all other conditions of this section: Provided further, That upon discontinuance of employment that requires the concealed weapons pistol or revolver license, if the individual issued the license licensee is not yet less than twenty-one years of age, then the individual issued the license licensee is no longer eligible and must return his or her surrender the license to the issuing sheriff;
(4) That the applicant is not addicted to alcohol, a controlled substance or a drug and is not an unlawful user thereof;
(5) That the applicant has not been convicted of a felony or of an act of violence involving the misuse of a deadly weapon;
(6) That the applicant has not been convicted of a misdemeanor offense of assault or battery either under the provisions of section twenty-eight, article two of this chapter or the provisions of subsection (b) or (c), section nine, article two of this chapter in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense; or a misdemeanor offense with similar essential elements in a jurisdiction other than this state;
(7) That the applicant is not under indictment for a felony offense or is not currently serving a sentence of confinement, parole, probation or other court-ordered supervision imposed by a court of any jurisdiction or is the subject of an emergency or temporary domestic violence protective order or is the subject of a final domestic violence protective order entered by a court of any jurisdiction;
(8) That the applicant is physically and mentally competent to carry such weapon a concealed pistol or revolver;
(9) That the applicant has not been adjudicated to be mentally incompetent;
(10) That the applicant has qualified under the minimum requirements set forth in subsection (d) of this section for handling and firing such weapon a pistol or revolver: Provided, That this requirement shall be waived in the case of a renewal applicant who has previously qualified;
(11) That the applicant authorizes the sheriff of the county, or his or her designee, to conduct an investigation relative to the information contained in the application.
(b) The sheriff shall conduct an investigation which shall verify that the information required in subdivisions (1), (2), (3), (5), (6), (8) and (9), subsection (a) of this section are true and correct.
(c) Fifteen dollars of the application fee shall be forwarded by the sheriff to the superintendent of the State Police not later than the tenth day of the month following the month in which the sheriff collected the fee. Fifteen dollars of the application fee shall be forwarded by the sheriff to the Courthouse Facilities Improvement Fund created by the provisions of section six, article twenty-six, chapter twenty-nine of this code not later than the tenth day of the month following the month in which the sheriff collected the fee. Sixty dollars of the application fee and any fees for replacement of lost or stolen licenses All other fees received by the sheriff under this section shall be deposited by the sheriff into a Concealed weapons Pistol or Revolver License Administration Fund. Such fund shall be administered by the sheriff and shall take the form of an interest bearing account with any interest earned to be compounded to the fund. Any funds deposited in this Concealed weapon Pistol or Revolver License Administration Fund are to be expended by the sheriff to pay for the costs associated with issuing concealed weapons pistol or revolver licenses. Any surplus in the fund on hand at the end of each fiscal year may be expended for other law-enforcement purposes or operating needs of the sheriff's office, as the sheriff may consider appropriate.
(d) All persons applying for a license must complete a training course in handling and firing a handgun. The successful completion of any of the following courses fulfills this training requirement:
(1) Any official National Rifle Association handgun safety or training course;
(2) Any handgun safety or training course or class available to the general public offered by an official law-enforcement organization, community college, junior college, college or private or public institution or organization or handgun training school utilizing instructors duly certified by such institution;
(3) Any handgun training or safety course or class conducted by a handgun instructor certified as such by the state or by the National Rifle Association;
(4) Any handgun training or safety course or class conducted by any branch of the United States Military, Reserve or National Guard.
A photocopy of a certificate of completion of any of the courses or classes or an affidavit from the instructor, school, club, organization or group that conducted or taught said course or class attesting to the successful completion of the course or class by the applicant or a copy of any document which shows successful completion of the course or class shall constitute evidence of qualification under this section.
(e) All concealed weapons pistol or revolver license applications must be notarized by a notary public duly licensed under article four, chapter twenty-nine of this code. Falsification of any portion of the application constitutes false swearing and is punishable under the provisions of section two, article five, chapter sixty-one of this code.
(f) If the information in the application is found to be true and correct, the sheriff shall issue a license. The sheriff shall issue or deny the license within forty-five days after the application is filed if all required background checks authorized required by this section are completed.
(g) Before any approved license shall be issued or become effective, the applicant shall pay to the sheriff a fee in the amount of fifteen dollars which the sheriff shall forward to the superintendent of the West Virginia state police within thirty days of receipt. Any such license All licenses issued under this section shall be valid for five years throughout the state, unless sooner revoked.
(h) All persons holding a current and valid concealed weapons license as of the sixteenth day of December, one thousand nine hundred ninety-five, shall continue to hold a valid concealed weapons license until his or her license expires or is revoked as provided in this article: Provided, That all reapplication fees shall be waived for applications received by the first day of January, one thousand nine hundred ninety-seven, for any person holding a current and valid concealed weapons license as of the sixteenth day of December, one thousand nine hundred ninety-five, which contains use restrictions placed upon the license as a condition of issuance by the issuing circuit court. Any licenses reissued pursuant to this subsection will be issued for the time period of the original license.
(i) Each license shall contain the full name, social security number and address of the licensee; and a space upon which the signature of the licensee shall be signed with pen and ink; and the telephone number of the concealed pistol or revolver license verification service operated by the superintendent of the West Virginia State Police pursuant to subsection (l) of this section. The issuing sheriff shall sign and attach his or her seal to all license cards. The sheriff shall provide to each new licensee a duplicate license card, in size similar to other state identification cards and licenses, suitable for carrying in a wallet, and such license card is deemed a license for the purposes of this section.
(j) (i) The Superintendent of the West Virginia State Police shall prepare uniform applications for licenses and license cards showing that such license has been granted and shall do any other act required to be done to protect the state and see to the enforcement of this section.
(k) (j) In the event If an application is denied, the specific reasons for the denial shall be stated by the sheriff denying the application. Any person denied a license may file, in the circuit court of the county in which the application was made, a petition seeking review of the denial. Such petition shall be filed within thirty days of the denial. The court shall then determine whether the applicant is entitled to the issuance of a license under the criteria set forth in this section. The applicant may be represented by counsel, but in no case shall the court be required to appoint counsel for an applicant. The final order of the court shall include the court's findings of fact and conclusions of law. If the final order upholds the denial, the applicant may file an appeal in accordance with the Rules of Appellate Procedure of the Supreme Court of Appeals.
(l) (k) In the event If a license is lost or destroyed, the person to whom the license was issued licensee may obtain a duplicate or substitute license for a fee of five dollars by filing a notarized statement with the sheriff indicating that the license has been lost or destroyed.
(m) (l) The sheriff shall, immediately after the license is granted as aforesaid, furnish the superintendent of the West Virginia State Police a certified copy of the approved application. It shall be the duty of the sheriff to furnish to the superintendent of the West Virginia State Police at any time so requested a certified list of all such licenses issued in the county. The Superintendent of the West Virginia State Police shall maintain a registry of all persons who have been issued concealed weapons pistol or revolver licenses and provide instantaneous verification of the validity of any license issued under this section to any criminal justice agency within the United States twenty-four hours a day, seven days a week, electronically or by telephone. The superintendent shall maintain and operate a concealed pistol or revolver license verification service, which shall be operational twenty-four hours a day, seven days a week, through a dedicated telephone number, for the purpose of responding to law-enforcement inquiries from any law-enforcement agency within the United States concerning the validity of a license issued under this section.
(n) All licensees must carry with them a state-issued photo identification card with the concealed weapons license whenever the licensee is carrying a concealed weapon. Any licensee who fails to have in his or her possession a state-issued photo identification card and a current concealed weapons license while carrying a concealed weapon shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty or more than two hundred dollars for each offense.
(o) (m) The sheriff shall deny any application or revoke any existing license upon determination that any of the licensing application requirements established in this section have been violated by the licensee. The sheriff shall revoke any license issued under this section if the licensee becomes unable to meet the criteria for initial licensure specified in this section. Any licensee under this section who becomes ineligible for continued licensure shall immediately surrender the license to the issuing sheriff.
(p) (n) No person who is engaged in the receipt, review or in the issuance or revocation of a concealed weapon pistol or revolver license shall incur any civil liability as the result of the lawful performance of his or her duties under this article.
(q) (o) Notwithstanding the provisions of subsection (a) of this section, with respect to application by a former law-enforcement officer honorably retired from agencies governed by article fourteen, chapter seven of this code; article fourteen, chapter eight of this code; article two, chapter fifteen of this code; and article seven, chapter twenty of this code, an honorably retired officer is exempt from payment of fees and costs as otherwise required by this section, and the application of the honorably retired officer shall be granted without proof or inquiry by the sheriff as to those requirements set forth in subdivision (9) (10), subsection (a) of this section, if the officer meets the remainder of the requirements of this section and has the approval of the appropriate chief law-enforcement officer.
(r) (p) Except as restricted or prohibited by the provisions of this article or as otherwise prohibited by law, the issuance of a concealed weapon permit pistol or revolver license issued in accordance with the provisions of this section shall authorize the holder of the permit licensee to carry a one or more concealed pistol or revolver pistols, revolvers or any combination thereof anywhere on the lands or waters of this state. A license issued under this section does not authorize the licensee to carry any other type or class of concealed deadly weapon.
(q) (1) The Attorney General shall, not later than the last day of June and the last day of December of each year, notify the Governor and concealed pistol or revolver licensing authority of each state in writing of the provisions of section six of this article and make written inquiry of whether the other state will extend full faith and credit to licenses issued under this section. The Attorney General shall negotiate and execute reciprocity agreements on behalf of this state with other states that require a reciprocity agreement to accord full faith and credit to West Virginia licenses issued pursuant to this section. The Attorney General shall seek to establish, by reciprocity agreement or otherwise, the extension of full faith and credit to West Virginia licenses by all other states whose laws permit the same without a requirement for any additional license, qualification or payment of any fee by a West Virginia licensee. The Attorney General shall maintain efforts to obtain a reciprocity agreement from any state that may generally honor licenses issued by this state but affords greater recognition, including exemptions from obtaining an additional license if regularly employed, attending an institution of higher education or conducting a business in that state, to licenses issued by states that have executed reciprocity agreements with that state. If a reciprocity agreement is reached or full reciprocity otherwise exists, the requirement to recontact the other state semiannually shall cease while the agreement is in force or full reciprocity is otherwise in effect.
(2) For the purposes of participation in reciprocity with other states, the official government-issued law-enforcement identification card issued to a law-enforcement officer in this state who is exempt from obtaining a license under the provisions of section six of this article but who is not a qualified law-enforcement officer under 18 U.S.C. §926B and a letter of authorization for a retired or medically discharged member of the State Police to carry handguns issued by the superintendent under the provisions of section twenty-five, article two, chapter fifteen of this code shall be deemed a concealed pistol or revolver license issued by this state.
(3) On the first day of each regular session of the Legislature, the Attorney General shall publish and deliver to each house of the Legislature a report enumerating:
(A) The states honoring West Virginia licenses;
(B) The states that issue licenses similar to the license described in this section that have declined to enter into reciprocity agreements with this state and do not otherwise honor licenses issued by this state, the reasons stated therefor and whether each such state has a reciprocity agreement with any other state or otherwise recognizes licenses issued by any other state;
(C) Specific recommendations for amending this section that would result in additional states honoring licenses issued under this section; and
(D) Recommendations on the feasibility and expedience of the amendments proposed pursuant to paragraph (C) of this subdivision. The Legislature does not intend to enact any changes to this section that would require existing licensees to complete new training or otherwise substantially burden or inconvenience existing licensees.
§61-7-5. Licensees to carry license and identification while carrying concealed pistols or revolvers.

(a) A person licensed to carry concealed pistols and revolvers under the provisions of section four of this article or authorized to carry concealed pistols or revolvers in this state pursuant to a license or permit issued by another state that is recognized in this state pursuant to the provisions of section seven of this article
shall, whenever the person is carrying a concealed pistol or revolver:
(1) Carry his or her license or permit on or about his or her person or in a place from which the person may retrieve it within a reasonable amount of time;
(2) If the license or permit does not contain the person's photograph or does not contain the person's current residence address, the person must carry a driver's license or a photo identification issued by that person's state of residence or the United States that contains the person's photograph and current residence address, on or about his or her
person or in a place from which the person may retrieve it within a reasonable amount of time; and
(3) Whenever the person is required to make a disclosure of carrying a concealed pistol or revolver to a law-enforcement officer pursuant to subsection (b) of this section, the person shall, upon request of the law-enforcement officer, produce the documents the licensee is required to carry pursuant to this subsection for inspection by the law-enforcement officer.
(b) (1) Whenever a person subject to the provisions of subsection (a) of this section is carrying a concealed pistol or revolver, is approached or addressed in an official manner by a law-enforcement officer and the law-enforcement officer asks the person whether the person is armed or otherwise poses to the person a question as to whether the person is carrying any type of deadly weapon, the person shall disclose to the law-enforcement officer that the person is carrying a concealed pistol or revolver and is licensed or otherwise authorized by law to lawfully do so.
(2) Whenever a person subject to the provisions of subsection (a) of this section is carrying a concealed pistol or revolver in a motor vehicle, the vehicle is stopped by a law-enforcement officer, any law-enforcement officer present asks whether the driver of the vehicle or any passenger in the vehicle is armed or otherwise poses to the person a question as to whether the person is carrying any type of deadly weapon and the question can be heard and understood by the person sufficiently to give the person adequate notice of being so questioned, the person shall disclose to the law-enforcement officer that the person is carrying a concealed pistol or revolver and is licensed or otherwise authorized by law to lawfully do so. It is a defense to a violation of this subdivision that the person was a passenger in a vehicle, not occupying either the front passenger seat or a passenger seat immediately to the rear of the driver of the vehicle and was asleep or otherwise did not hear or should not have been reasonably expected to hear request of the law-enforcement officer for disclosure.
(c) Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars or more than two hundred dollars for each offense. A violation of this section does not authorize the forfeiture of any pistol or revolver that was in the otherwise lawful possession of the person carrying the same.
§61-7-6. Exceptions as to prohibitions against carrying concealed deadly weapons without license.

The licensure provisions set forth in this article do not apply to:
(1) Any person carrying a deadly weapon upon his or her own premises. A person may not be prevented Nor shall anything herein prevent a person from carrying any firearm, unloaded, from the place of purchase to his or her home, residence or place of business or to a place of repair and back to his or her home, residence or place of business, nor shall may anything herein prohibit a person from possessing a firearm while hunting in a lawful manner or while traveling from his or her home, residence or place of business to a hunting site and returning to his or her home, residence or place of business;
(2) Any person who is a member of a properly organized target-shooting club authorized by law to obtain firearms by purchase or requisition from this state or from the United States for the purpose of target practice from carrying any pistol, as defined in this article, unloaded, from his or her home, residence or place of business to a place of target practice and from any place of target practice back to his or her home, residence or place of business, for using any such weapon at a place of target practice in training and improving his or her skill in the use of the weapons;
(3) Any law-enforcement officer or law-enforcement official as defined in section one, article twenty-nine, chapter thirty of this code;
(4) Any employee of the West Virginia Division of Corrections duly appointed pursuant to the provisions of section five, article five, chapter twenty-eight of this code while the employee is on duty;
(5) Any member of the Armed Forces of the United States or the militia of this state while the member is on duty;
(6) Any circuit judge, including any retired circuit judge designated senior status by the Supreme Court of Appeals of West Virginia, prosecuting attorney, assistant prosecuting attorney or a duly appointed investigator employed by a prosecuting attorney;
(7) Any resident of another state who holds a valid license to carry a concealed weapon by a state or a political subdivision which has entered into a reciprocity agreement with this state, subject to the provisions and limitations set forth in section six-a of this article;
(8) Any federal law-enforcement officer or federal police officer authorized to carry a weapon in the performance of the officer's duty; and
(9) (8) Any Hatfield-McCoy regional recreation authority ranger while the ranger is on duty; and
(9) (A) For the purpose of carrying concealed pistols, revolvers or any combination thereof, but no other type or class of concealed deadly weapon, any person:
(i) Who, except as otherwise provided by paragraphs (B) and (C) of this subdivision, is not a resident of this state;
(ii) Who is at least twenty-one years of age;
(iii) Who is not prohibited by federal law or the provisions of section seven of this article from possessing firearms; and (iv) Who has been issued a license or permit by any other state, territory or possession of the United States that authorizes the person to carry any concealed pistol or revolver, if the license or permit is recognized as a current, valid license or permit throughout the state, territory or possession of issue.
(B) Subparagraph (i), paragraph (A) of this subdivision does not apply to a new resident of this state for sixty days following the establishment of residence in this state unless, during the sixty-day period, the person applies for a license under the provisions of section four of this article and the application is denied. If, within the sixty-day period, the person applies for a license under the provisions of section four of this article, subparagraph (i), paragraph (A) of this subdivision shall continue to be inapplicable to that person until the application for a license under the provisions of section four of this article
has been granted or denied by the sheriff.
(C) For the purposes of subparagraph (i), paragraph (A) of this subdivision only, a member of the armed services of the United States who is otherwise a resident of this state and whose permanent duty station is located outside this state, or the spouse of any such person, may elect to declare the state in which the applicable permanent duty station is located, his or her state of residence and may vary this election from time to time. Nothing contained in this paragraph may disqualify a person from obtaining a license under the provisions of section four of this article
on the basis of place of residence, or disqualify any person, making an election under this paragraph as nonresident of this state, for any purpose other than eligibility to carry concealed pistols and revolvers in this state on the basis of a license or permit issued by another state.
NOTE: The purpose of this bill is to improve the concealed handgun license reciprocity process by recognizing any concealed handgun license issued by any other state to a nonresident of this state without the requirement of a reciprocity agreement or recognition of West Virginia permits by the other state as a condition of such recognition. This bill would continue statutory authorization for the Attorney General to negotiate and execute reciprocity agreements with other states as necessary to secure the recognition of West Virginia concealed handgun licenses in as many other states as possible.

Current §61-7-5, relating to the revocation of licenses, is repealed and consolidated into §61-7-4(m).

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2022 West Virginia Legislature ****


X

Print On Demand

Name:
Email:
Phone:

Print